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Folk Artist’s “Eat More Kale” versus Chick-Fil-A’s “Eat More Chikin” [Trademark]

In another example of trademark insanity and corporate bullying, Chick-fil-A is demanding that a folk artist stop using the phrase “Eat More Kale” and turn over his website, on the grounds that it “is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A’s intellectual property [in its phrase “Eat Mor Chikin”] and diminishes its value.”

As noted on Yahoo news:

MONTPELIER, Vt. (AP) — A folk artist expanding his home business built around the words “eat more kale” says he’s ready to fight root-to-feather to protect his phrase from what he sees as an assault by Chick-fil-A, which holds the trademark to the phrase “eat mor chikin.”

Bo Muller-Moore uses a hand silkscreen machine to apply his phrase, which he calls an expression of the benefits of local agriculture, on T-shirts and sweatshirts. But his effort to protect his business from copycats drew the attention of Chick-fil-A, the Atlanta-based fast-food chain that uses ads with images of cows that can’t spell displaying their own phrase on message boards.

In a letter, a lawyer for Chick-fil-A said Muller-Moore’s effort to expand the use of his “eat more kale” message “is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A’s intellectual property and diminishes its value.”

Chick-fil-A, which trails only Louisville, Ky.-based KFC in market share in the chicken restaurant chain industry, has a long history of guarding its trademark, and the letter listed 30 examples of attempts by others to co-opt the use of the “eat more” phrase that were withdrawn after Chick-fil-A protested. The Oct. 4 letter ordered Muller-Moore to stop using the phrase and turn over his website, eatmorekale.com, to Chick-fil-A.

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[h/t Cathy Cuthbert]

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  • Dan December 19, 2011, 10:16 pm

    I seem to remember Chick-Fil-A being in some sort of similar lawsuit with the beef lobby over this same phrase?